Agency’s Attempt to Shift Its Contractual Responsibility to Execute Utility Agreement Breaches Implied Duty of Good Faith and Fair Dealing and Causes Performance Delay; COFC 13-1023 C, MW Builders Inc. v. United States

The contractor’s claim for delay damages on a construction contract is granted, where the government delayed executing an electrical utility agreement essential to the project and attempted to shift responsibility for the agreement to the contractor, thereby breaching the implied covenant of good faith and fair dealing and causing delays in performance.